Raja And Others vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 07.05.2026 for the alleged offences under Sections 303(2), 326(a) of BNS Act 2023, Section 21(1) of M.M (D&R) Act, in Crime No.76 of 2026 on the file of the respondent police, seek bail.

The allegation against the petitioners is that they were involved in illegal transportation of ½ unit and ¼ unit of river sand in a two Tipper Lorries without any valid permit or licence and that the petitioners were caught red handed by the respondent police. Hence, the case.

The learned counsel for the petitioners would submit that the petitioners are innocent and have been falsely implicated in this case. He would further submit that the petitioners have been in custody since 07.05.2026 and are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of bail.

The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail to the petitioners, reiterated the prosecution case and, on instructions, submitted that there is one previous case against the petitioners.

Considering the totality of the circumstances and the period of incarceration undergone by the petitioners, this Court is inclined to enlarge the petitioners on bail with certain conditions.

Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate-II, Virudhachalam, and subject to the following conditions:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.